RESEARCH
Therefore, the role of the state in responding to and mitigating COVID-19, while also
staying focused on realizing the 2030 Agenda and the SDGs, should be monitored.6 The
commitment of state leaders to create a more equitable and sustainable world, as stated
in Transforming Our World: The 2030 Agenda for Sustainable Development, needs to be
heralded.7
Human rights values and principles need to be at the centre of the response to and
mitigation of the COVID-19 pandemic, as well as the monitoring of the 2030 Agenda for
Sustainable Development. Since the state is obliged under international law to respect,
protect, and fulfill human rights,8 and the realization of human rights is an overarching
vision of the SDGs.9 During the COVID-19 pandemic, it is therefore important to ensure
that the mitigation efforts are based on human rights values, norms and principles. The
importance of a human rights perspective in the mitigation of COVID-19 is also reflected in
a UN statement, as follows:
”
This is not the time to neglect human rights; it is the time when, more than ever,
human rights are required to navigate us in a way that will allow us, as soon
as possible, to refocus on achieving equitable, sustainable development and
maintaining peace.”10
Furthermore, the UN recorded three areas of concern that deserve the most
attention amid the efforts to mitigate the COVID-19 pandemic: (1) The right to life and
the duty to protect life, (2) the right to health and access to healthcare, and (3) Impact
of restrictions on free movement.11 Meanwhile, according to the National Commission on
Human Rights of the Republic of Indonesia (Komnas HAM RI), which has been encouraging
human rights-based governance of mitigation (Tata Kelola Penanggulangan), many other
areas of concern, then what have been stated by the UN above, have been identified.
Among other things, the impact on the right to work, the right to worship, the right to
education, and the rights of vulnerable groups, such as persons with mental disabilities.12
6
Komnas HAM RI views that the COVID-19 is a global pandemic that threatens public health, so that
in an emergency situation, the President as the head of state and the highest authority has extraordinary
authority in responding to this emergency condition. It is regulated in Article 12 and Article 22 paragraph
(1) of the 1945 Constitution of the Republic of Indonesia. See: “Tata Kelola Penanggulangan COVID-19
dalam Perspektif HAM,” Komnas HAM RI, published on 01 October 2020, https://www.komnasham.
go.id/files/20201012-tata-kelola-penanggulangan-covid-$RNP.pdf., (Furthermore: “Tata Kelola
Penanggulangan COVID-19 dalam Perspektif HAM”), 6.
7
See: “Transforming Our World: The Agenda 2030 for Sustainable Development”, United
Nations, published on 21 October 2015, https://www.un.org/ga/search/view_doc.asp?symbol=A/
RES/70/1&Lang=E.
8
See: Maidah Purwanti, “Kewajiban dan Tanggung Jawab Negara dalam Pemenuhan Hak Asasi Manusia”,
Kementerian Hukum dan HAM, accessed on 23 February 2021, https://lsc.bphn.go.id/artikel?id=365.
9
See: Ibid., Introduction, Number 3, 3/35.
10
“COVID-19 and Human Rights: We are all in this together”, United Nations, published on 23 April
2020, https://www.un.org/victimsofterrorism/sites/www.un.org.victimsofterrorism/files/un_-_human_
rights_and_covid_april_2020.pdf., 2.
11
Ibid., 4.
12
See: “Komnas HAM Dorong Penanganan COVID-19 Melalui Kebijakan Berbasis HAM dan
Sains”, Komnas HAM RI, published on 22 May 2021, https://www.komnasham.go.id/index.php/
news/2020/5/22/1410/komnas-ham-dorong-penanganan-covid-19-melalui-kebijakan-berbasis-hamdan-sains.html.
2